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Disclaimer : Our guides do not in any way constitute legal advice. The guides have been developed by lay people who are not lawyers and have no legal training or qualifications.

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What is a 'Position Statement' for the FHDRA?
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Position Statement

First Hearing Dispute Resolution Appointment

Question 1 : Why produce a Position Statement for the First Hearing Dispute  Resolution Appointment?

Answer: At Section 5b of the C100 application form, it clearly states 'Do not give a full statement, please provide a summary of any relevant reasons. You may be asked to provide a full statement later'

For good reason, the courts do not want people to submit long statements full of 'allegations' and 'evidence' at this time. Permission is needed to do this and this is usually granted at Fact Finding or Final Hearings, not at the First Directions Hearing.

However, there is a convention for parties to produce a 'Position Statement' for the first hearing. This statement should in concise terms outline a brief overview of your circumstnaces,any interim contact you may be seeking and your general position on what a final order should look like.

The statementdoes not need to be specific or detailed at this stage. This helps the court and Cafcass to assess the current situation and make recommendations and decisions.

Question 2 : When do you serve and exchange your Position Statement?

Answer: It is usually accepted that position statements are taken to court and given to the usher or receptionist for the court on arriving 1 hr before the hearing time. Position statements are usually exchanged with the other side at the same time shortly after arrival.

  Need help writing your Position Statement?

Then please call us on 01420 370770

Philip Kedge is a retired police Chief Inspector and the founder and director of the McKenzie Friend UK Network. His aim is to take family law out of the hands of solicitors with an ethical business to reduce conflict and acrimony, to provide a cost effective McKenzie Friend national service and to reduce the emotional harm to children.
Contact Phil today: 01420 370770